R. N. MISRA, J.

( 1 ) PLAINTIFF has appealed against the affirming judgment and decree of the learned Additional Subordinate Judge of Jeypore upholding dismissal of his suit for declaration of title and injunction restraining the defendant from disturbing his possession.

( 2 ) PLAINTIFF alleged that he had purchased 86 decimals of land out of plot No. 57 in Mauza Kaki under a registered sale deed dated 28-11-1970 (Ext. 2) for a consideration of Rs. 2,580/- after obtaining the requisite permission from the competent authority under the provisions of the Orissa Land Reforms Act from one Dalapati Hantal. Dalapati had purchased the property from Hadi Hantal and laxman Hantal in Feb. , 1969. Plaintiff has remained in possession of the property following his acquisition and had constructed an asbestos-roofed house thereon. On 14-4-1972, the Additional Tahsildar of Sunabeda initiated a proceeding under the Orissa Prevention of Land Encroachment Act, 1972, on the allegation that the land in question had already been acquired under the land Acquisition Act (I of 1894) by the State Government of Orissa and notwithstanding the objection of the plaintiff, directed his eviction on the footing